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Philippine Bar review · Question

Practice question: Burden of Proof in Tax Assessments

Multiple Choice Hard

Practice question

A taxpayer’s records are materially incomplete. The BIR seeks reliable third-party business records to reconstruct taxable activity, but counsel says only evidence already admissible at a full regular-court trial may even be considered administratively. Which is sound?
  1. Third-party sources are universally forbidden
  2. Incomplete books eliminate every tax
  3. Any anonymous unverified figure must be accepted
  4. Hantex permits appropriate other sources administratively, subject to trustworthiness and a real factual basis
  5. The taxpayer’s omission proves any chosen assessment amount

Legal references

  • CIR v. Hantex Trading Co., Inc., G.R. No. 136975, March 31, 2005, main decision: https://lawphil.net/judjuris/juri2005/mar2005/gr_136975_2005.html

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